Common use of Maximum Consolidated Leverage Ratio Clause in Contracts

Maximum Consolidated Leverage Ratio. The Consolidated Leverage Ratio shall not, as determined as of the last day of each fiscal quarter ending during the periods set forth below, exceed the maximum ratio set forth below opposite such period: Effective Date through September 30, 2005 3.50 to 1.00 October 1, 2005 through September 30, 2006 3.00 to 1.00 October 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.00

Maximum Consolidated Leverage Ratio. The Beginning with the fiscal quarter ending on March 31, 2012, the Borrower will not permit the Consolidated Leverage Ratio shall notRatio, as determined as of the last day of each fiscal quarter any Reference Period ending during any period (inclusive of the periods set forth beginning and ending dates of each such period) in the table below, to exceed the maximum ratio set forth below opposite such periodperiod in the table below: Effective Date through September 30- December 31, 2005 2013 4.00 to 1.0 January 1, 2014 - December 31, 2014 3.75 to 1.0 January 1, 2015 and thereafter 3.50 to 1.00 October 1, 2005 through September 30, 2006 3.00 to 1.00 October 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.001.0

Maximum Consolidated Leverage Ratio. The Consolidated Leverage Ratio shall notBeginning on June 30, as determined as of 2018 and on the last day of each fiscal quarter ending during month thereafter, not permit the periods set forth belowConsolidated Leverage Ratio for the twelve month period then ended to be greater than (i) through and including February 28, exceed the maximum ratio set forth below opposite such period: Effective Date through September 302019, 2005 3.50 to 1.00 October 1, 2005 through September 30, 2006 3.00 to 1.00 October 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 7.00 to 1.00, and (ii) as of March 31, 2019 and thereafter, 6.00 to 1.00.

Maximum Consolidated Leverage Ratio. The Borrower will not permit the Consolidated Leverage Ratio shall not, as determined as of the last day of each fiscal quarter ending at any time during the periods a period set forth below, exceed below to be greater than the maximum ratio set forth below opposite such periodperiod below: Effective Period Ratio ------ ----- Initial Borrowing Date through and including June 4.00:1.00 29, 2000 June 30, 2000 through and including September 29, 3.75:1.00 2000 September 30, 2005 3.50 to 1.00 October 1, 2005 2000 through September and including December 3.50:1.00 30, 2006 3.00 to 1.00 October 12000 December 31, 2006 2000 through September and including June 29, 3.25:1.00 2001 June 30, 2007 2.50 to 1.00 October 1, 2007 2001 through September and including December 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.003.00:1.00 2001 Thereafter 2.75:1.00

Maximum Consolidated Leverage Ratio. The Beginning with the fiscal quarter ending on MarchDecember 31, 20122017, the Borrower will not permit the Consolidated Leverage Ratio shall notRatio, as determined as of the last day of each fiscal quarter any Reference Period ending during any period (inclusive of the periods set forth beginning and ending dates of each such period) in the table below, to exceed the maximum ratio set forth below opposite such periodperiod in the table below: Amendment No. 2 Effective Date through September 30- December 31, 2005 3.50 20132019 3.504.75 to 1.00 October 1.01.00 January 1, 2005 through September 302014 - December 31, 2006 3.00 20142020 and thereafter 3.504.25 to 1.00 October 1.01.00 January 1, 2006 through September 30, 2007 2.50 2015 and thereafter 3.25 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.001.0

Maximum Consolidated Leverage Ratio. The Consolidated Leverage Ratio shall not, as determined as of the last day of each fiscal quarter ending during the periods set forth below, exceed the maximum ratio set forth below opposite such period: Effective Date through September April 30, 2005 3.50 3.25 to 1.00 October May 1, 2005 through September April 30, 2006 3.00 to 1.00 October May 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 2.50 to 1.00

Maximum Consolidated Leverage Ratio. The Beginning with the fiscal quarter ending on March 31, 2012, the Borrower will not permit the Consolidated Leverage Ratio shall notRatio, as determined as of the last day of each fiscal quarter any Reference Period ending during any period (inclusive of the periods set forth beginning and ending dates of each such period) in the table below, to exceed the maximum ratio set forth below opposite such periodperiod in the table below: Effective Date through September 30– December 31, 2005 2013 3.50 to 1.00 October 1.0 January 1, 2005 through September 302014 – December 31, 2006 3.00 2014 3.50 to 1.00 October 1.0 January 1, 2006 through September 30, 2007 2.50 2015 and thereafter 3.25 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.001.0

Maximum Consolidated Leverage Ratio. The Borrower will not ----------------------------------- permit the Consolidated Leverage Ratio shall not, as determined as of the last day of each fiscal quarter ending at any time during the periods a period set forth below, below to exceed the maximum respective ratio set forth below opposite such periodbelow: Effective Period Ratio ------ ----- Initial Borrowing Date through September and including October 31, 1999 3.25:1.00 November 1, 1999 through and including April 30, 2005 3.50 to 1.00 October 2000 3.00:1.00 May 1, 2005 2000 through September and -76- including October 31, 2000 2.75:1.00 November 1, 2000 through and including April 30, 2006 3.00 to 1.00 October 2001 2.50:1.00 May 1, 2006 2001 through September 30and including July 31, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.002001 2.25:1.00 Thereafter 2.00:1.00

Maximum Consolidated Leverage Ratio. The Borrower will not permit the Consolidated Leverage Ratio shall not, as determined as of the last day of each fiscal quarter ending at any time during the periods any period set forth below, exceed below to be greater than the maximum ratio set forth below opposite such periodperiod below: Period Ratio ------ ----- Effective Date through September to 4.75:1.00 March 30, 2005 3.50 to 1.00 October 12003 March 31, 2005 through September 30, 2006 3.00 to 1.00 October 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.002003 4.50:1.00 and thereafter

Maximum Consolidated Leverage Ratio. The Borrower will not permit the Consolidated Leverage Ratio shall not, as determined at any time during any Measurement Period ending as of the last day end of each any fiscal quarter ending during of the periods Borrower set forth below, exceed below to be greater than the maximum ratio set forth below opposite such period: Effective Closing Date through September 30December 31, 2005 2015 4.00 to 1.00 January 1, 2016 through December 31, 2016 3.75 to 1.00 January 1, 2017 through December 31, 2017 3.50 to 1.00 October January 1, 2005 through September 30, 2006 3.00 to 1.00 October 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 2018 and each fiscal quarter thereafter 3.25 to 1.00

Maximum Consolidated Leverage Ratio. The Company shall not permit the Consolidated Leverage Ratio shall notas at (i) October 31, as determined as of 2004 to exceed 3.60:1.00, (ii) December 31, 2004 to exceed 3.50:1.00 and (iii) the last day of each fiscal quarter any Fiscal Quarter ending during any of the periods set forth below, below to exceed the maximum correlative ratio set forth below opposite such periodindicated: Effective Date through September 30Period Maximum Consolidated Leverage Ratio ------- ----------------------------------- January 1, 2005 3.50 to 1.00 October through April 1, 2005 3.50:1.00 April 2, 2005 through September 30, 2006 3.00 to 1.00 2005 3.25:1.00 October 1, 2006 through September 30, 2007 2.50 to 1.00 October 1, 2007 through September 30, 2008 2.00 to 1.00 October 1, 2008 through the Maturity Date 1.50 to 1.002005 and thereafter 3.00:1.00